British Columbia Reverses Course on Drug Decriminalization, Citing Public Safety Concerns

In a dramatic shift from its previous stance, the government of British Columbia has announced plans to recriminalize the use of drugs in public spaces, effectively ending a pilot program that aimed to address the province's toxic drug crisis. The decision comes after a series of troubling reports about problematic street drug use in hospitals, parks, and other public areas, which have raised concerns about public safety and the unintended consequences of decriminalization.

The Decriminalization Pilot

The decriminalization pilot was introduced in January 2023, allowing adult drug users in B.C. to carry up to 2.5 grams of opioids, cocaine, methamphetamine, and ecstasy for personal use without facing criminal charges[1]. The program was made possible through an exemption granted by Health Canada under the Controlled Drugs and Substances Act, which also permitted open drug use in some public spaces[1].

The pilot was part of the government's response to the public health emergency declared eight years ago due to a rise in deaths from toxic, illicit drugs[1]. Since the emergency was declared in 2016, more than 14,000 people have died, largely due to the opioid fentanyl[1]. By reducing the stigma associated with drug use, officials hoped to provide better access to lifesaving care and a less deadly safe supply[1].

Concerns About Public Safety

However, the decriminalization pilot has come under increasing scrutiny in recent weeks, with opposition parties and some members of the public expressing concerns about public safety[1]. There have been troubling reports of illegal drug use and trafficking in hospital hallways, as well as disturbances related to public drug consumption[1].

Vancouver Police Deputy Chief Fiona Wilson testified at a House of Commons health committee hearing about the struggles police have had in responding to public complaints involving public drug use[1]. She explained that the pilot has limited police response to problematic drug use, including inside hospitals and at bus stops[1].

"In the wake of decriminalization, there are many of those locations where we have absolutely no authority to address that problematic drug use, because the person appears to be in possession of less than 2.5 grams," Wilson said[1]. "So, if you have someone who is with their family at the beach, and there's a person next to them smoking crack cocaine, it's not a police matter."[1]

The Government's Response

In response to these concerns, the B.C. government has announced plans to recriminalize drug use in public places[1]. Premier David Eby insisted that his government is "caring and compassionate for those struggling with addiction," but that patience for disorder only goes so far[1].

"Keeping people safe is our highest priority," said Eby[1]. "We're taking action to make sure police have the tools they need to ensure safe and comfortable communities for everyone as we expand treatment options so people can stay alive and get better."[1]

The province is working with Health Canada to urgently change the decriminalization policy to stop drug use in public and has requested an amendment to its exemption to exclude all public places[1]. When police are called to a scene where illegal and dangerous drug use is taking place, they will have the ability to compel the person to leave the area, seize the drugs when necessary, or arrest the person if required[1].

The government is also introducing specific measures aimed at curbing illicit drug use in health care facilities, including the prohibition of street drug possession or use[1]. Additional security, public communication, and staff supports will be implemented to improve patient safety and prevent others from being exposed to the secondhand effects of illicit drug use[1].

Positive and Negative Impacts

Positive Impacts

• Police will have the ability to respond to public complaints about problematic drug use, including in hospitals and at bus stops[1]. This will help address concerns about public safety and disorder.
• Specific measures will be introduced to curb illicit drug use in health care facilities, including prohibiting street drug possession or use[1]. This will improve patient safety and prevent others from being exposed to the secondhand effects of drug use.
• Additional security, public communication, and staff supports will be implemented in hospitals to prevent public drug use[1].
• The government is working with police to ensure that people who merely possess drugs are not arrested unless they are threatening public safety or causing a disturbance[1].

Negative Impacts

• The decision risks facing another legal challenge, although Premier Eby believes the risk is low this time because he is asking Health Canada to make the changes[1]. A previous attempt to ban illegal drug use in many public places was paused by the B.C. Supreme Court, which ruled it would likely result in more deaths, displacement, and criminalization of people who use drugs[1].
• There are concerns that the policy change could lead to an increase in arrests and stigmatization of Indigenous and racialized British Columbians[1].
• Opposition parties have criticized the government's move as a "desperate attempt to salvage a failing policy" and argue that decriminalization has failed to connect drug users with necessary treatment or recovery services[1].
• The B.C. Green Party Leader expressed concerns that recriminalizing drug use won't fix the underlying issues of the housing and affordability crisis, and that no jurisdiction has successfully arrested its way out of this problem[1].

Legal Challenges and Political Implications

The government's decision to recriminalize drug use in public spaces comes with the risk of facing another legal challenge[1]. In December, the B.C. Supreme Court Chief Justice Christopher Hinkson ordered a pause on legislation that would have banned illegal drug use in many public places, ruling that it would likely result in more deaths, displacement, and criminalization of people who use drugs[1].

However, Premier Eby believes the risk of a legal challenge is low this time because he is asking Health Canada to make the changes[1]. "The resolution of that court issue is potentially more than a year down the road and we cannot afford to wait. We need to act now," he said[1].

The issue has also been intensely politicized as the province heads into an election on October 19[1]. Opposition parties have criticized the government's move, with B.C. United Leader Kevin Falcon and his critic for mental health and addiction Elenore Sturko calling it a "desperate attempt to salvage a failing policy."[1]

B.C. Conservative Leader John Rustad said that "decriminalization has been an utter failure in this province" and that "this should have never happened in the province of British Columbia."[1] B.C. Green Party Leader Sonia Furstenau expressed concerns about the increase in arrests that could be associated with the policy and the potential for stigmatization of Indigenous and racialized British Columbians[1].

Conclusion

The British Columbia government's decision to recriminalize drug use in public spaces marks a significant shift in its approach to addressing the toxic drug crisis. While the initial decriminalization pilot aimed to reduce stigma and provide better access to lifesaving care, concerns about public safety and the unintended consequences of the program have led to this reversal.

The government's plan to work with Health Canada to change the decriminalization policy and provide police with the tools to address problematic drug use in public spaces is a response to the growing concerns raised by hospital workers, patients, and the public. However, the decision is not without its critics, and the government may face legal challenges and political backlash as it moves forward with this new approach.

Ultimately, the success of this policy change will depend on the government's ability to balance compassion for those struggling with addiction with the need to ensure public safety and maintain order in communities across British Columbia.

Citations:
[1] https://www.cbc.ca/news/canada/british-columbia/david-eby-public-drug-use-1.7186245